New Montana Law Lifts Veil on Judicial Candidates’ Political Leanings

HELENA, Mont. – Governor Greg Gianforte has signed House Bill 39 into law, repealing a longstanding prohibition on political party contributions to judicial candidates in Montana. The new law modifies Montana Code, which previously barred political parties from donating to judicial officers, including justices of the peace, and effectively extends this change to state and district court judicial candidates.

“As Americans, we cherish our freedoms of speech and association,” Gov. Gianforte said. “Political donations are an expression of these rights, and restricting them is nothing more than an assault on the First Amendment. In our republic, it’s not the role of government to decide whose voice is heard. House Bill 39 upholds the Constitution, empowers voters, and helps preserve the very fabric of our election system.”

House Bill 39, introduced by Representative Tom Millett (R-Marion), aligns Montana law with recent Supreme Court rulings that have strengthened protections for political spending.

“In Montana, our judiciary faces a crisis,” Rep. Millett said. “This bill empowers Montanans to make their voices heard in our elections and embraces recent decisions from the Supreme Court to protect their rights under the First Amendment. I appreciate Governor Gianforte signing it into law and for our shared commitment to make sure Montana’s judiciary is transparent and accountable to the voters and the Constitution.”

The U.S. Supreme Court has consistently recognized that political spending is a form of political expression, ruling that limits on campaign contributions place unconstitutional restraints on political speech. House Bill 39 follows this precedent, aligning Montana’s judicial election rules with federal free speech protections.

Supporters argue that for years, judicial candidates have been able to present themselves as politically neutral during elections while later issuing rulings that reveal clear ideological leanings. They contend that by allowing political contributions, voters will have a clearer picture of candidates’ political affiliations before they take the bench, rather than discovering their leanings only after key judicial decisions.

Opponents of the measure argue that the change will politicize the judiciary, making judges more beholden to political interests rather than impartial legal interpretation. The bill passed the House 57-43 and the Montana State Senate 25-23, reflecting the sharp divide on the issue.

Governor Gianforte had previously urged lawmakers to pass reforms increasing transparency in judicial elections. With House Bill 39 now signed into law, Montana joins other states in revisiting the role of political contributions in judicial races.